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Queens New York Legal Blog

Quality healthcare has been a volatile topic of debate in the United States for several years. Despite the arguments about affordable health coverage, Americans in New York and elsewhere expect a high quality of service when they visit hospitals and medical centers. You are within your rights to expect to be treated with dignity and to have your medical issue taken care of, regardless of your ability to pay when you go to the hospital.

Unfortunately, the opposite can be said for many hospitals across the country. The Emergency Medical Treatment and Labor Act of 1986 was enacted to protect patients from being denied emergency care if they had no insurance, as well as to ensure they are discharged from the hospital in a safe environment. Sadly, the practice of “patient dumping” has continued in numerous facilities, as Healthcare Dive explains. Patient dumping occurs when you are discharged prematurely from the hospital without a safe place to go.

When women give birth in New York hospitals, they expect that the staff will take good care of their infants. A recent case in Wisconsin demonstrates how important it is to have proper procedures in place to protect infants while they are at the hospital.

Five infants recently incurred fractures and bruises at a hospital in Madison, Wisconsin. Two of these babies had bruises on their arms and wrists, while others were bruised on their legs, ankles and feet. Another had skull and arm fractures. Doctors have suggested that the bruising came from objects the infants came into contact with at the hospital. Intravenous arm boards and wires to help stabilize newborn intensive care unit patients possibly caused the bruising on one infant, and another may have been harmed after being wrapped too tightly in a blanket.

One of the most confusing times in your life might happen when you receive a new medical diagnosis. Making medical decisions is not always easy, especially when you must choose between treatment options. As much as you may trust your doctor in New York City, do you really want to rely on their professional opinion alone to determine the outcome of your situation? Or would you be better off getting a second opinion?

No amount of trust can prevent medical errors. Your doctor is human and can make mistakes. According to John Hopkins Medicine, medical errors kill more than 250,000 people annually. Many medical mistakes are preventable. One way you can avoid mistakes in the care you receive is to get a second opinion.

On behalf of Futterman, Sirotkin & Seinfeld, LLP posted in Failure to Diagnose on Friday, March 9, 2018.

Many people in the New York City area go to emergency rooms when they suffer serious and potentially life-threatening injuries and ailments that require immediate medical attention. It is a common expectation that emergency room nurses and doctors will provide the proper scope of treatment. The unfortunate reality of emergency rooms is they are often overcrowded and understaffed. Because of these factors and more, emergency room mistakes happen that in some cases lead to death.

According to U.S. News & World Report, each year, more than 141 million people visit emergency rooms across the country. Many mistakes that occur in the emergency room are preventable. Patients should learn about two common mistakes that are likely to occur in emergency care settings so they can take actions to avoid them.

On behalf of Futterman, Sirotkin & Seinfeld, LLP posted in blog on Tuesday, March 6, 2018.

As warmer weather approaches, some people are gearing up to enjoy riding their bikes. This can be a very fulfilling experience, and it can also turn dangerous; if parties are not mindful, this activity can lead to accidents involving vehicles and bicycles.

To avoid this, there are some common dangerous situations to be aware of. In particular, cyclist should watch out for a few possible scenarios.

On behalf of Futterman, Sirotkin & Seinfeld, LLP posted in Failure to Diagnose on Sunday, February 25, 2018.

Every day, hundreds of people in New York visit their doctor for advice regarding medical problems and to receive treatment for a variety of symptoms. Often, during the course of treatment, doctors prescribe antibiotics and other over-the-counter drugs to assist in the healing of the body. However, medication errors are not unheard of. In fact, they are quite common, and when a patient is not aware of the types of dangers they face when taking prescription drugs, they may be at risk of serious injury or death.

According to U.S. News, 1.5 million people are victims of medication errors every year in the United States. Often, these mistakes are innocent and with just a bit of education, nearly all of these missteps are completely preventable.

On behalf of Futterman, Sirotkin & Seinfeld, LLP posted in Nursing Home Neglect on Friday, February 23, 2018.

For many New York families, placing their elderly loved one in a nursing home facility is a decision that is not taken lightly. Finding a residence that prioritizes the well-being of its patients is a way to guarantee that disabled elderly persons have access to high quality medical care and assistance with day-to-day needs. However, there are circumstances when elder abuse or neglect can put any patient's life in danger and have damaging consequences.

In a story that made national headlines, a Georgia nursing home is under intense scrutiny for an alleged case of elder abuse in their residence. More specifically, three employees are facing charges that range from abuse to murder for their roles in an elderly man's death. The man's family had installed a hidden camera in his room and were horrified to watch the footage of the nurses laughing while the man struggled to breathe. The video depicts the defendants laughing as they struggled to get the man's oxygen machine to work the right way. During the video, he can be heard pleading for help, but no visible effort to save his life can be seen. While the nurses kept their jobs for nearly three years following the incident, they were recently the subject of a heated investigation when the man's family included the footage in their lawsuit. The nurses' licenses have since been revoked.

On behalf of Futterman, Sirotkin & Seinfeld, LLP posted in Nursing Home Neglect on Tuesday, February 20, 2018.

If you have an elderly loved one living in New York who is in need of every day assistance, you may have begun researching and comparing your options for nursing homes. Often, you will find that selecting a facility who you entrust with your family member's well-being can be an incredibly challenging decision to make. At Futterman, Sirotkin & Seinfeld, LLP, we understand the importance of guaranteeing the highest quality care for your elderly loved one.

According to the Huffington Post, there are several important steps you can take in creating a safer environment for your aging family member. However, these action steps can also be used as a form of measurement in gauging a nursing home facility's ability to provide compassionate care for your loved one. Some of the things you should look for include the following:

Health care accessibility: Ask about a facility's health care options; what kinds of medical treatment are available onsite, and which are hired out to a third-party?

Emotional support: Pay attention to the demeanor of the residents in a nursing home. Make sure that adequate emotional support is available to provide your loved one with encouragement, empathy and contentment.

Environmental conditions: Make sure that the environment is free of hazards, clean and well-maintained. Your loved one should feel comfortable and safe in a place surrounded by committed and vigilant staff.

If you are preparing to give birth for the first time, chances are you have done your research to find a health care provider and hospital in New York that you are comfortable with. Equally as important is taking the time to get acquainted with the process of childbirth and the kinds of risks that are an inherent part of having a baby. Because birthing is such a significant event, your body is required to undergo intensive labor to get your baby here safely. Your awareness of what is and is not normal in the weeks following childbirth is important so you can recognize if you have been injured during the process.

According to Cosmopolitan, some of the discomforts and injuries you may experience following the birth of your child include incontinence and painful sex. If left untreated, your symptoms could worsen and contribute to post-partum depression and other emotional trauma. In some cases, your pain could indicate a deeper problem that should be resolved immediately. An average woman experiences inconsistent pelvic pain for nearly 6 weeks following the delivery of her baby. This means that nearly all of your discomfort should subside by the time you see your doctor for your follow-up appointment.

On behalf of Futterman, Sirotkin & Seinfeld, LLP posted in Nursing Home Neglect on Friday, February 16, 2018.

Many different types of mistreatment occur in nursing homes, from emotional and verbal abuse to failing to change bed sheets and provide a resident with the care they deserve. If you have a loved one in a nursing home, or reside in a facility yourself, you may be worried about these problems on a daily basis. For example, you might suspect that someone else in the facility is being mistreated or that your loved one is being abused in some way and has chosen not to reveal the abuse. Moreover, it is essential to bear in mind that nursing home abuse takes other forms, such as abuse that is financial in nature.

There are various ways in which a nursing home resident may be financially abused. For example, a caretaker may steal a resident's identity and open accounts in their name without their knowledge or permission. Or, a nursing home resident might have cash stolen from their wallet or purse. Furthermore, a nursing home resident might be threatened and told that if they do not provide someone with a certain amount of money, they will be removed from the facility or subjected to some other form of harm. In some instances, elderly people are even taken advantage of by their family members.

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